IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030556
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam during the period 17 September to 25 October 1971 instead of that he had no Vietnam service.
2. The applicant states he was flown by accident into Vietnam instead of Korea. He states that during the time he had to wait for a transport he was placed on temporary assignment making dog tags in Vietnam attached to the 4th Infantry at Camp Holloway in Pleiku, Vietnam. He states he served in Vietnam, and therefore believes his record should state such service. He adds that he did not have orders to Vietnam but served there due to human error that was not his fault.
3. The applicant provides his DD Form 214 and three pages of photocopied pictures.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he was inducted into the Army of the United States on 5 May 1971. He completed initial entry training and was awarded the military occupational specialty of clerk typist. The highest rank/pay grade he held was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he was stationed in the Republic of Korea performing duties as a clerk typist and senior personnel actions specialist during the period 26 September 1971 to 30 March 1972.
4. On 1 April 1972, he was honorably discharged from active duty due to hardship. He had completed 10 months and 27 days of creditable active service. His DD Form 214 contains an entry in item 30 (Remarks) of "VN SERVICE: NO" and "INDOCHINA: NO."
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Marksman Marksmanship Qualification Badge with Rifle Bar (M16).
6. His records are void of any orders or other documents that indicate he was ever ordered to or otherwise in Vietnam.
7. He provided photocopies of pictures which he contends he took while he was in Vietnam.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Item 30 of his DD Form 214 shows that he had no service in Vietnam or Indochina. There is no evidence in his records he was ever in Vietnam. He provided photocopies of pictures he contends he took while in Vietnam as evidence he was accidently in Vietnam for a short period of time awaiting transportation to Korea. However, there is insufficient proof he took the pictures or that the pictures truly are of Vietnam or, if he did take the pictures and they are of Vietnam, there is no evidence to show the reason for his being in Vietnam. As such, there is insufficient corroborating evidence to support changing the "NO" entry for Vietnam service to a "YES" entry.
2. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X_____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100030556
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ABCMR Record of Proceedings (cont) AR20100030556
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